28
person detained for a class B or C misdemeanor;
29
. provides enforcement exceptions regarding an officer's verifying immigration
30
status;
31
. clarifies when passengers in a vehicle where the operator has been detained may
32
also be questioned and their immigration status verified;
33
. requires that a law enforcement officer may not consider race, color, or national
34
origin, except as permitted by Utah and United States constitutions;
35
. states grounds for a presumption of a person's lawful presence in the United States;
36
. provides for transportation of an illegal alien to federal custody by a state or local
37
law enforcement officer;
38
. provides that a state or local agency may not limit by ordinance, regulation, or
39
policy the authority of any law enforcement or other governmental agency to assist
40
the federal government in the enforcement of any federal immigration law,
41
including the federal requirement to register as an alien or possess an alien
42
registration document;
43
. provides that any state or local governmental agency is not restricted in sending,
44
receiving, or maintaining immigration status information of any person in carrying
45
out the agency's lawful purposes;
46
. requires verification of immigration status regarding application for public services
47
or benefits provided by a state or local governmental agency or subcontractor,
48
except as exempted by federal law;
49
. provides that this bill does not implement or authorize the federal REAL ID Act to
50
any extent not currently provided by state law;
51
. amends the current state law prohibiting transporting or harboring illegal aliens by
52
removing the limitation to transportation of the alien for a distance greater than 100
53
miles;
54
. prohibits the encouraging or inducing of an illegal alien to come to or reside in
55
Utah; and

92
76-9-1001. Title.
93
This part is known as "The Illegal Immigration Enforcement Act."
94
Section 2.
Section
76-9-1002
is enacted to read:
95
76-9-1002. Definitions.
96
As used in this part:
97
(1) "Alien" means a person who is not a citizen or national of the United States.
98
(2) "ICE" means the federal Immigration and Customs Enforcement agency of the
99
United States Department of Homeland Security.
100
(3) "Law enforcement officer" has the same meaning as in Section
53-13-103
.
101
(4) "SAVE program" means the federal Systematic Alien Verification for Entitlements
102
program operated by the federal Department of Homeland Security.
103
(5) "State or local governmental agency" includes any private contractor or vendor that
104
contracts with the agency to provide the agency's functions or services.
105
(6) "Verify immigration status" or "verification of immigration status" means the
106
determination of a person's immigration status by:
107
(a) a law enforcement officer who is authorized by a federal agency to determine an
108
alien's immigration status; or
109
(b) the United States Department of Homeland Security, ICE, or other federal agency
110
authorized to provide immigration status as provided by 8 U.S.C. Sec. 1373(c).
111
Section 3.
Section
76-9-1003
is enacted to read:

112
76-9-1003. Detention or arrest -- Determination of immigration status.
113
(1) (a) Except as provided in Subsection (1)(b), (c), or (d), any law enforcement officer
114
who, acting in the enforcement of any state law or local ordinance, conducts any lawful stop,
115
detention, or arrest of a person as specified in Subsection (1)(a)(i) or (ii), and the person is
116
unable to provide to the law enforcement officer a document listed in Subsection
76-9-1004
(1)
117
and the officer is otherwise unable to verify the identity of the person, the officer:
118
(i) shall request verification of the citizenship or the immigration status of the person
119
under 8 U.S.C. Sec. 1373(c), except as allowed under Subsection (1)(b), (c), or (d), if the
120
person is arrested for an alleged offense that is a class A misdemeanor or a felony; and
121
(ii) may attempt to verify the immigration status of the person, except as exempted
122
under Subsection (1)(b), (c), or (d), if the alleged offense is a class B or C misdemeanor, except
123
that if the person is arrested and booked for a class B or C misdemeanor, the arresting law
124
enforcement officer or the law enforcement agency booking the person shall attempt to verify
125
the immigration status of the person.
126
(b) In individual cases, the law enforcement officer may forego the verification of
127
immigration status under Subsection (1)(a) if the determination could hinder or obstruct a
128
criminal investigation.
129
(c) Subsection (1)(a) does not apply to a law enforcement officer who is acting as a
130
school resource officer for any elementary or secondary school.
131
(d) Subsection (1)(a) does not apply to a county or municipality when it has only one
132
law enforcement officer on duty and response support from another law enforcement agency is
133
not available.
134
(2) When a law enforcement officer makes a lawful stop, detention, or arrest under
135
Subsection (1) of the operator of a vehicle, and while investigating or processing the primary
136
offense, the officer makes observations that give the officer reasonable suspicion that the
137
operator or any of the passengers in the vehicle are violating Section
76-5-309
,
76-5-310
, or
138
76-10-2901
, which concern smuggling and transporting illegal aliens, the officer shall, to the
139
extent possible within a reasonable period of time:

140
(a) detain the occupants of the vehicle to investigate the suspected violations; and
141
(b) inquire regarding the immigration status of the occupants of the vehicle.
142
(3) When a person under Subsection (1) is arrested or booked into a jail, juvenile
143
detention facility, or correctional facility, the arresting officer or the booking officer shall
144
ensure that a request for verification of immigration status of the arrested or booked person is
145
submitted as promptly as is reasonably possible.
146
(4) The law enforcement agency that has custody of a person verified to be an illegal
147
alien shall request that the United States Department of Homeland Security issue a detainer
148
requesting transfer of the illegal alien into federal custody.
149
(5) A law enforcement officer may not consider race, color, or national origin in
150
implementing this section, except to the extent permitted by the constitutions of the United
151
States and this state.
152
Section 4.
Section
76-9-1004
is enacted to read:
153
76-9-1004. Grounds for presumption of lawful presence in United States --
154
Statement to officer.
155
(1) A person is presumed to be lawfully present in the United States for the purposes of
156
this part if the person provides one of the following documents to the law enforcement officer,
157
unless the law enforcement officer has a reasonable suspicion that the document is false or
158
identifies a person other than the person providing the document:
159
(a) a valid Utah driver license issued on or after January 1, 2010;
160
(b) a valid Utah identification card issued under Section
53-3-804
and issued on or
161
after January 1, 2010;
162
(c) a valid tribal enrollment card or other valid form of tribal membership identification
163
that includes photo identification; or
164
(d) a valid identification document that:
165
(i) includes a photo or biometric identifier of the holder of the document; and
166
(ii) is issued by a federal, state, or local governmental agency that requires proof or
167
verification of legal presence in the United States as a condition of issuance of the document.

168
(2) A person is presumed to be a citizen or national of the United States for purposes of
169
this part if the person makes a statement or affirmation to the law enforcement officer that the
170
person is a United States citizen or national, unless the officer has a reasonable suspicion that
171
the statement or affirmation is false.
172
Section 5.
Section
76-9-1005
is enacted to read:
173
76-9-1005. Illegal alien -- Notification of federal government -- Transportation to
174
federal facility.
175
A state or local law enforcement agency may securely transport an alien who is in the
176
agency's custody and whom the agency has verified is unlawfully present in the United States
177
to a federal detention facility in this state or, with the concurrence of the receiving federal
178
agency, to a federal facility or other point of transfer to federal custody that is outside this state.
179
Section 6.
Section
76-9-1006
is enacted to read:
180
76-9-1006. Enforcement of federal immigration laws.
181
A state or local governmental agency of this state, or any representative of the agency,
182
may not:
183
(1) limit or restrict by ordinance, regulation, or policy the authority of any law
184
enforcement agency or other governmental agency to assist the federal government in the
185
enforcement of any federal law or regulation governing immigration; or
186
(2) limit or restrict by ordinance, regulation, or policy the authority of any law
187
enforcement agency to investigate or enforce any violation of the federal misdemeanor offenses
188
of willful failure to register as an alien or willful failure to personally possess an alien
189
registration document as required by 8 U.S.C. Sec. 1304(e) or 1306(a).
190
Section 7.
Section
76-9-1007
is enacted to read:
191
76-9-1007. Determining an alien's immigration status -- Transfer or maintenance
192
of information.
193
(1) Except as limited by federal law, any state or local governmental agency is not
194
restricted or prohibited in any way from sending, receiving, or maintaining information related
195
to the lawful or unlawful immigration status of any person by communicating with any federal,

196
state, or local governmental entity for any lawful purpose, including:
197
(a) determining a person's eligibility for any public benefit, service, or license provided
198
by any federal agency, by this state, or by any political subdivision of this state;
199
(b) confirming a person's claim of residence or domicile if determination is required by
200
state law or a judicial order issued pursuant to a civil or criminal proceeding in this state;
201
(c) if the person is an alien, determining if the person is in compliance with the federal
202
registration laws of Title II, Part 7, Immigration and Nationality Act; or
203
(d) a valid request for verification of the citizenship or immigration status of any
204
person pursuant to 8 U.S.C. Sec. 1373.
205
(2) This section does not implement, authorize, or establish the federal REAL ID Act
206
of 2005, P.L. 109-13, Division B; 119 Stat. 302, except as provided by Section
53-3-104.5
,
207
regarding limitations on the state implementation of the federal REAL ID Act.
208
Section 8.
Section
76-9-1008
is enacted to read:
209
76-9-1008. Proof of immigration status to receive public benefits.
210
(1) (a) An agency that provides state or local public benefits as defined in 8 U.S.C. Sec.
211
1621 shall comply with Section
63G-11-104
and shall also comply with this section, except:
212
(i) as provided in Subsection
63G-11-104
(4)(g) or (k); or
213
(ii) when compliance is exempted by federal law or when compliance could reasonably
214
be expected to be grounds for the federal government to withhold federal Medicaid funding.
215
(b) The agency shall verify a person's lawful presence in the United States by requiring
216
that the applicant under this section sign a certificate under penalty of perjury, stating that the
217
applicant:
218
(i) is a United States citizen; or
219
(ii) is a qualified alien as defined by 8 U.S.C. Sec. 1641.
220
(c) The certificate under Subsection (1)(b) shall include a statement advising the signer
221
that providing false information subjects the signer to penalties for perjury.
222
(d) The signature under this Subsection (1) may be executed in person or
223
electronically.

224
(e) When an applicant who is a qualified alien has executed the certificate under this
225
section, the applicant's eligibility for benefits shall be verified by the agency through the federal
226
SAVE program or an equivalent program designated by the United States Department of
227
Homeland Security.
228
(2) Any person who knowingly and willfully makes a false, fictitious, or fraudulent
229
statement of representation in a certificate executed under this section is guilty of public
230
assistance fraud under Section
76-8-1205
.
231
(3) If the certificate constitutes a false claim of United States citizenship under 18
232
U.S.C. Sec. 911, the agency requiring the certificate shall file a complaint with the United
233
States Attorney for the applicable federal judicial district based upon the venue in which the
234
certificate was executed.
235
(4) Agencies may, with the concurrence of the Utah Attorney General, adopt variations
236
to the requirements of the provisions of this section that provide for adjudication of unique
237
individual circumstances where the verification procedures in this section would impose
238
unusual hardship on a legal resident of this state.
239
(5) If an agency under Subsection (1) receives verification that a person making an
240
application for any benefit, service, or license is not a qualified alien, the agency shall provide
241
the information to the local law enforcement agency for enforcement of Section
76-8-1205
242
unless prohibited by federal mandate.
243
Section 9.
Section
76-9-1009
is enacted to read:
244
76-9-1009. Implementation to be consistent with federal law and civil rights.
245
All state and local agencies shall implement this part in a manner that is consistent with
246
federal laws that regulate immigration, protect the civil rights of all persons, and establish the
247
privileges and immunities of United States citizens.
248
Section 10.
Section
76-10-2901
is amended to read:
249
76-10-2901. Transporting or harboring aliens -- Definition -- Penalties.
250
(1) [For purposes of] As used in this part, "alien" means an individual who is illegally
251
present in the United States.

252
(2) It is unlawful for a person to:
253
(a) transport, move, or attempt to transport into this state [or for a distance of greater
254
than 100 miles] or within the state an alien for commercial advantage or private financial gain,
255
knowing or in reckless disregard of the fact that the alien is in the United States in violation of
256
federal law, in furtherance of the illegal presence of the alien in the United States; [or]
257
(b) knowingly, with the intent to violate federal immigration law, conceal, harbor, or
258
shelter from detection an alien in a place within this state, including a building or means of
259
transportation for commercial advantage or private financial gain, knowing or in reckless
260
disregard of the fact that the alien is in the United States in violation of federal law[.];
261
(c) encourage or induce an alien to come to, enter, or reside in this state, knowing or in
262
reckless disregard of the fact that the alien's coming to, entry, or residence is or will be in
263
violation of law; or
264
(d) engage in any conspiracy, for commercial advantage or private financial gain, to
265
commit any of the offenses listed in this Subsection (2).
266
(3) (a) A person who violates Subsection (2)(a), (c), or (d) is guilty of a third degree
267
felony.
268
(b) A person who violates Subsection (2)(b) is guilty of a class A misdemeanor.
269
(4) Nothing in this part prohibits or restricts the provision of:
270
(a) a state or local public benefit described in 8 U.S.C.[, Section] Sec. 1621(b); or
271
(b) charitable or humanitarian assistance, including medical care, housing, counseling,
272
food, victim assistance, religious services and sacraments, and transportation to and from a
273
location where the assistance is provided, by a charitable, educational, or religious organization
274
or its employees, agents, or volunteers, using private funds.
275
(5) (a) It is not a violation of this part for a religious denomination or organization or
276
an agent, officer, or member of a religious denomination or organization to encourage, invite,
277
call, allow, or enable an alien to perform the vocation of a minister or missionary for the
278
denomination or organization in the United States as a volunteer who is not compensated as an
279
employee, notwithstanding the provision of room, board, travel, medical assistance, and other

280
basic living expenses.
281
(b) Subsection (5)(a) applies only to an alien who has been a member of the religious
282
denomination or organization for at least one year.
283
Section 11.
Section
77-7-2
is amended to read:
284
77-7-2. Arrest by peace officers.
285
A peace officer may make an arrest under authority of a warrant or may, without
286
warrant, arrest a person:
287
(1) (a) for any public offense committed or attempted in the presence of any peace
288
officer; and
289
(b) as used in this Subsection (1), "presence" includes all of the physical senses or any
290
device that enhances the acuity, sensitivity, or range of any physical sense, or records the
291
observations of any of the physical senses;
292
(2) when the peace officer has reasonable cause to believe a felony or a class A
293
misdemeanor has been committed and has reasonable cause to believe that the person arrested
294
has committed it;
295
(3) when the peace officer has reasonable cause to believe the person has committed a
296
public offense, and there is reasonable cause for believing the person may:
297
(a) flee or conceal himself to avoid arrest;
298
(b) destroy or conceal evidence of the commission of the offense; or
299
(c) injure another person or damage property belonging to another person; [or]
300
(4) when the peace officer has reasonable cause to believe the person has committed
301
the offense of failure to disclose identity under Section
76-8-301.5
[.]; or
302
(5) when the peace officer has reasonable cause to believe that the person is an alien:
303
(a) subject to a civil removal order issued by an immigration judge;
304
(b) regarding whom a civil detainer warrant has been issued by the federal Department
305
of Homeland Security; or
306
(c) who has been charged or convicted in another state with one or more aggravated
307
felonies as defined by 8 U.S.C. Sec. 1101(a)(43).